Sephal Mazumdar v. The Lt. Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WPA/761/2023 Sephal Mazumdar Vs.

The Lt. Governor and Others Mr. Ananda Halder ... for the petitioner Mr.V.D.Sivabalan Mr. M.Laxmanan ... for the respondents July 19, 2023 (AKB) Item No.6 Affidavit of service filed by the petitioner be kept on record.

The present application has been preferred challenging the inaction on the part of the respondents to accept the arrears of land revenue with interest in respect of the petitioner's land and to finalize the records and to issue record of right and sketch map of the subject land. Mr. Halder, learned advocate appearing for the petitioner submits that the petitioner is the son of Binod Behari Mazumdar, the registered settler. As a dependent member of the settler family, he encroached upon an adjacent plot of land bearing survey no. 160. Thereafter, in terms of the scheme for regularization of encroachment, the petitioner applied seeking regularization. Upon consideration of such application the competent authority issued licence in favour of the petitioner to occupy the land.

Even after issuance of such licence no steps were taken by the respondents for finalization of the records in favour of the petitioner. However, in respect of one Mr. Prem Gopal Das, similarly situated with the petitioner, the respondent no.3 finalized the records condoning the delay in depositing of the arrears of land revenue and accepted the same with 10% as penalty, as would be explicit from the memo dated 1st September, 2014.

no.2 for finalization of the records upon acceptance of the arrears of the land revenue together with 10% as penalty. Thereafter, the respondent no. 2 called for a report from the concerned Tehsildar, who in turn requested the petitioner to appear before him on 27th March, 2023. He duly appeared before the Tehsildar but till date no final decision has been taken by the respondent no. 2.

Mr. Sivabalan, learned advocate appearing for the respondent denies and disputes the contention of the petitioner.

Record reveals that licence pertaining to the concerned land was issued by the competent authority in favour of the petitioner. In respect of one Prem Gopal Das, who was enjoying a similar licence, the authorities condoned the delay and accepted the arrears of land revenue together with 10% penalty and finalized the records. However, it appears that similar benefit has not been extended to the petitioner. In view thereof, the respondent no. 2 is directed to consider the representation submitted by the petitioner on 19th December, 2018, upon granting an opportunity of hearing to the petitioner and upon calling for report, if any, from the Tehsildar, Little Andaman and to take a decision towards finalization of the records in favour of the petitioner subject to payment of the quantified arrears of land revenue together with 10% as penalty.

The above exercise shall be completed within a period of six weeks from the date of communication of this order alongwith a copy of this writ petition.

The writ petition, being WPA/761/2023, is, accordingly, disposed of.

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, may be supplied to the parties upon compliance of usual formalities.

(Tapabrata Chakraborty, J.)